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Full text of "Medical Jurisprudence And Toxicology"

•J74                                             MEDICAL JURISPRUBENCE

Exception 3.—Culpable homicide is not murder if the offender being a public'ser-
vant'or aiding a public servant acting for the advancement of public justice, exceeds the
powers ffiven to him by law, and causes death by doing an act which he, in good faith,
believes to be lawful and necessary for the due discharge of his duty as such public
servant and without ill-will towards the person whose death is caused.

Exception 4.—Culpable homicide is not murder if it is committed without pre-
meditation in a sudden fight in the heat of passion upon a sudden quarrel and without
the offender's having taken undue advantage or acted in a cruel or unusual manner.

Explanation.—It is immaterial in such cases which party oilers the provocation or
commits the first assault.

•Exception 5.—Culpable homicide is not murder when the person whoso death is
caused, being above the age of eighteen years, suffers death or takes the risk of death
with his own consent.

JV.B,—The law of India, differing from the law of England, docs not regard every
case of homicide as prima facie murder; it throws on the prosecution the burden of
proving a certain intent or knowledge.

301.    Culpable homicide by causing death of person other than person whose death
was intended.—If a person, by doing anything which he intends or knows to be likely
to cause death, commits culpable homicide by causing the death of any person, whose
death he neither intends nor knows himself to be likely to cause, the culpable homicide
committed by the offender is of the description of which it would have been if ho had
caused the death of the person whose death he intended or know himself to be likely
to cause.

302.    Punishment  for murder.—Whoever  commits  murder shall be  punished  with
death, or transportation for life, and shall also be liable to fine.

303.    Punishment  for murder by life  convict—Whoever, bcinc? under sentence  of
transportation for life, commits murder, shall be punished with death,

304* Pun'shment for culpable homicide not amounting to murder.—Whoever com-
mits culpable homicide not amounting to murder, shall be punished with transportation
for life, or imprisonment of either description for a term which may extend to ten
years, and shall also be liable to fine if the act by which the death is caused Is done
with the intention of causing death, or of causing such bodily injury as is likely to
cause death; or with imprisonment of either description for a term which may extend
to ten years, or with fine, or with both, if the act is done with the knowledge that it is
likely to cause death, but without any intention to cause death or to cauae such bodily
injury as is likely to cause death.

304-A. Causing death by negligence.—Whoever causes the death of any person by
doing any rash or negligent act not amounting to culpable homicide shall be punished
with imprisonment of either description for a term which may extend to two years, or
with fine, or with both.

305.   Abetment of suicide of child or insane person.—If any person under eighteen
years of age, any insane person, any delirious person, any idiot> or any person  in a
state  of intoxication  commits suicide, whoever  abets  the  commission  of such  suicide
shall be punished with death, or transportation for life, or imprisonment for a term not
exceeding ten years, and shall also be liable to fine.

306.   Abetment of suicide.—If any person commits suicide, whoever abets the com-
mission of such suicide, shall be punished with imprisonment of either description for a
term which may extend to ten years, and shall also bo liable to fine.

307.   Attempt to murder.—Whoever does any act with such intention or knowledge
and under such circumstances that, if he by that act caused death, he would be guilty
of murder, shall be punished with imprisonment of either description for a term which
may extend to ten years, and shall also be liable to fine; and if hurt is caused to any
person by such act the offender shall, be liable either to transportation for life, or to
such punishment as is hereinbefore mentioned.

When any person offending under this section is under sentence of transportation
for life, he may^ if hurt is caused, be punished with death.

308.   Attempt  to   commit   culpable  honrcide.—Whoever   does   any   act  with   such
intention or knowledge; and under such circumstances that, if he by that act caused
death, he would be guilty of culpable homicide not  amounting to  murder, shall  be
punished with imprisonment of either, description for a term which may extend to three
years, or with fine, or with both; and if hurt is caused to any person by such act, shall
be punished with imprisonment of either description for a term which may extend to
seven years, or with fine, or with both.

-309. Attempt to comrivt suicide.—Whoever 'attempts to commH suicide and does
any act towards the commission of such offence, shall be punished with simple imprison-
ment for a term which may extend to bne year, or with fine, or with both.

1     &2;   Causing mfec&rria£e.-i-Whoever voluntarily causes a woman with child to .mis-
carry, shall, if such miscarriage be not1 caused in good * faithJ for the purpose" of saving